Individual and Collective Self-Defense in Article 51 of the Charter of the United Nations

Abstract

Article 51 of the Charter of the United Nations 1 poses the problem of the meaning of the concept of "individual and collective self-defense," of its connection with other parts of the Charter, and of the range of its application.2 This article, not contained in the Dumbarton Oaks Proposals, was added at San Francisco.It was the notion of "collective self-defense" which was needed, and it was needed as a diplomatic step to solve the so-called "Latin-American crisis" at San Francisco.It was the means to save the relative independence of the Inter-American System and the continued validity of the Act of Chapultepec and of the proposed permanent Inter-American Defense Treaty, without endangering the universality of the jurisdiction of the Security Council.It was for purposes of fitting regional arrangements, and particularly the Inter-American System, into the general international organization.That this was so is clearly shown by the history of the San Francisco Conference, where what is now Article 51 was worked out by Committee HI/4, dealing with regional arrangements.Latin Americans had originally feared that the Security Council might override the Act of Chapultepec, but soon became anxious rather for fear that action under this Act might be blocked through the inactivity of the Security Council, paralyzed by the exercise of the "veto."A great number of Latin American proposals were introduced between May 4 and 23, 1945, in Committee HI/4, the Chairman of which was Alberto Lleras Camargo, then Foreign Minister of Colombia, now Director General of the Pan American Union.But only the United States proposal of what is now Article 51 solved the dilemma.Lleras Camargo, speaking for Colombia, declared 3 in the fourth meeting of Committee HI/4 on May 23, 1945: i Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security.Measures taken by members in the exercise of the right of self-defense shall be immediately reported to tha.Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.3 For a preliminary discussion of Art.51 see:

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